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Sunday 12 February RNW - NEWS AND ANALYSIS FROM THE NETHERLANDS IN 10 LANGUAGES, WORLDWIDE 24/7 ON RADIO, TV AND ONLINE
US President Barack Obama
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Washington D.C., United States of America
Washington D.C., United States of America

Is Barack Obama a US citizen?

Published on : 30 July 2009 - 1:09pm | By Davion Ford (Photo: ANP)
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Barack Obama is not a US citizen and is therefore ineligible to be President of the United States. That’s the standpoint of the so-called “birthers.” What’s behind this claim and what does it say about the beleaguered Republican Party?

Listen to an interview with American political science professor Charles Franklin:

 

A small yet persistent group of conspiracy theorists, called “birthers,” continue to question the legality of Barack Obama’s presidency, by casting doubt on his citizenship. The US Constitution stipulates that a person must be a naturalised American citizen in order to legally take the post of President of the United States. But the Constitution does not spell out how one is born a naturalised citizen and some have seized upon the vague language to advance the argument that President Obama may not be a citizen.

Legal evidence
American citizenship is bestowed upon a newborn child in two instances: if the child is born on American soil, or if at least one parent is a citizen of the US. Barack Obama was born in 1961 on Honolulu, in the US state of Hawaii. His father was Kenyan. His mother, however, was American; therefore President Obama is undoubtedly a US citizen.

The legal documents, however, have not discouraged the birthers. They maintain that Mr Obama was actually born in either Kenya or Indonesia, is therefore not a citizen, and subsequently cannot legally be president. And it seems to make no difference to the birthers that Mr Obama would be a US citizen even if he had been born in another country. Political science professor Charles Franklin of the University of Wisconsin-Madison says the birthers do not concern themselves with logic or evidence:

“The state of Hawaii has the birth certificate. They’ve certified that. They’ve issued a birth certificate for getting passports or any other proof-of-identity under US law. The birth announcement appeared in both Honolulu papers at the time… There’s just more than overwhelming evidence that you would think would put this to an end… these are charges that really do only appeal to a very small and very suspicious minority of the population….”

The birther movement may not appeal to many Americans, but that does not mean this is merely a fringe movement. Prominent CNN journalist Lou Dobbs has fuelled the controversy with his own questions about President Obama’s citizenship. And right-wing radio talk show host Rush Limbaugh has also devoted much of his recent programming to this topic.

Inconsistent claims
The small segment of conservatives, who vociferously oppose every aspect of Mr Obama’s presidency, is keen to latch-on to any rumor that could undermine the administration. During his campaign for the presidency, Mr Obama had to deflect a litany of accusations: that he is a racist, that he is a drug abuser, and even that he is a closeted homosexual. The charges gained little traction, largely because the Obama campaign proactively dispelled the rumors, having learned an important lesson from Senator John Kerry’s failed campaign in 2004. Professor Franklin points out that the spurious attacks on President Obama were so numerous and varied that their inconsistencies quickly became undeniable:

“There are some other examples. There was a persistent rumor he was a Muslim, despite evidence that he got in trouble because his Christian church had a minister who was controversial.”

The GOP’s dilemma
The birthers hold no sway over the vast majority of Americans; their arguments resonate only with a small segment of conservative Republicans. That group may be as little as one-third of the overall Republican electorate. The problem facing the Grand Old Party (GOP) is that irrational arguments have a tendency to alienate the other two-thirds of Republicans, who may find such discourse absurd. But some Republican politicians, nevertheless, have felt the need to pander to the radical right-wing of the party to maintain their constituencies. Professor Franklin says these politicians must pull off a delicate balancing act:

“The trouble for Republican leaders is how to regain their image as a responsible, sensible party in the face of factions, which paint it in such a bad light, but are, in fact, not representative of the broad sweep of the party.”

The birther movement is unlikely to convince many that President Obama is not a US citizen, but that does not mean the attacks have no effect. Their arguments reaffirm the irrational negative beliefs held by certain individuals, who oppose every aspect of the Obama administration. But even worse is the effect on American servicemen, some of whom have already questioned the authority of the very top of their chain of command: the President of the United States, Barack Obama.

 

 

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Discussion

Anonymous 19 March 2011 - 2:14pm / usa

barack oboma was born in kenya africa.he is the product of a white hore and a nigger pimp his mothers father was in the millitery stationed overseas,,she was out working the streets and obamos father got her to be his hore and he had people he furnished wemen to..oboma the whore boy

Anonymous 19 March 2011 - 1:53pm / AMERICA NOT KENYA

YOU CAN SAY ALL YOU WANT ABOUT OBOMA BEING BORN IN HIWAIE.YOU CANT PROVE IT THE NIGER WAS BORN IN KENYA TO A NEGRO AND A WHITE HOE..TRUMPS GOT MY VOTE,,HES NOT A LYING STEALING MORMAN AND HES WHITE....GO TRUMP GO

US Legal Citizen 10 February 2011 - 3:19am / United States of America

I read David Becher, Marshall and Anonymous articles and the old saying "Two out of three ain't bad sure fits these articles.

I have also done alot of research into Obamas' birthplace to confirm if he is in fact a natural born citizen or an impostor.

I to have also seen a video in which Obamas' Grandmother in Kenya stated "I am so proud that Senator Barack Obama is going to be President of the United States because I was there in the Delivery Room in Kenya when Barack Obama was born". Their is a Birth Certificate for Obama in Kenya which is also on a Video.

Every person in the past had to produce a Legitimate "Birth Certificate" to qualify to run for President of the United States as stated in the Constitution. Until Obama can produce a Legal Birth Certificate, he should be detained and removed from Office until he can produce one.

devon wiley 16 January 2011 - 1:54pm / US

Charles Franklin specializes in statistical methods and public opinionl polling, including creation of Two-Stage Auxiliary Instrumental Variables (2SAIV) and statistical methods for estimating change over time when some variables are not observed at all time points. Although he appears to be competent on public opinion it is clear he is not a constitutional law scholar. Recent work has focused on Bayesian models of election campaigns and polling data and Maximum Likelihood and Bayesian estimation.

CAES 12 November 2010 - 11:20pm

DEATH to BARACK HUSSEIN OBAMA 'alias' BARRY MOHAMED SOETORO |||||||

CAES 12 November 2010 - 11:14pm

DEMOCRAT BARACK HUSSEIN OBAMA

-

ILLEGAL ALIEN

Anonymous 24 March 2010 - 2:55pm

his grandmother stated publicly that she remembers obama being born in Kenya...if his own grandmother says that, I would choose to believe her over the lying politician, He is NOT a citizen!

David Becher, Cambridge 23 August 2009 - 2:25am
A natural born citizen is not the same as a naturalized citizen. Also, the United States "citizen" is clearly not the same as the British "subject." It is wrong to assume they are equivalent. Ironically, the language of the 14th amendment excluding persons born under another jurisdiction therefore disqualifying them from being President or Vice Presidenti was written to keep Euros and especially Brits from regaining influence within the U.S. government (Akhil Reed Amar, "The U.S. Constitution", 2001: Yale University Press). The term "British subject" has a very restrictive statutory definition in the United Kingdom, and it is wrong to describe a British citizen as a British subject; the concept of a "subject" is still recognised by British law, and the terms "Queen's subjects", "Her Majesty's subjects", etc., continue to be used in British legal discourse. The term "United Kingdom national" equivalent to "British national", is used differently in various statutes, but commonly means British citizens, British Overseas Territories citizens, British Overseas citizens, British Nationals (Overseas), (and usually) British subjects as defined in the 1981 Act. US citizens are not US natual born citizens and US natural born citizens cannot be born with birth rights to foreign countries. In order to cover the various classes of British nationals, the following wording is currently used to distinguish citizen and subject in drafting legislation: (a) a British citizen, a British Overseas Territories citizen or a British Overseas citizen; or (b) a person who under the British Nationality Act 1981 is a British subject; or (c) a British protected person (within the meaning of that Act).
David Becher, Cambridge 23 August 2009 - 2:01am
Many of the birthers are not racists or Obama haters. They feel that they have been lied to and that Obama has with his knowledge of constitutional law worked around the system and withheld information that would have been material to his election. The issue on Article 2 qualifications to be president are not really the issue. The 14th Amendment, known as the Reconstruction Amendment, incorporates (this is a profound word to constitutional scholars) the Constitution's articles and the 1st 10 amendments (known as the Bill of Rights). The 14th Amendment provides natural born citizenship to persons born in the United States and subject to its jurisdiction. The language is very specific and has both rights and exclusions: if the person is solely under the jurisdiction of the United States, he/she is a natural born citizen; however, if the person is (in any way) under the jurisdiction of another country, he/she is not a natural born citizen. Obama was under British law born the son of a British / colonial citizen therefore he was born with British birth rights. If he was born in the US he also was born a US citizen. But that means he was born with dual citizenship. In such case, he was not born a natural sborn US citizen and if so is not qualified to be US president. Most people do not recognize or understand the difference between being born a US citizen vs. natural born US citizen; however, the constitutional law is clear and the language of the framers of the 14th amendment (John Bingham was principle drafter of section 1 but it was the work of many) was carefully stated and precise. If Obama was born with citizenship rights to Britain as well as the United States he is unqualifed under the 14th Amendment to be President. So called birthers are agitated because it appears that Obama probably has jigged the system and he has cleverly managed to avoid disclosure of information particularly during the election that would have been material to the outcome. The man taught constitutional law at University of Chicago which means he has deep knowledge of the law which provides rights and benefits but also informs on how to work around fine points. Irony of this is that to challenge this would require getting a hearing at the Washington DC district court which is unlikely to happen. Only if the birthers find smoking gun evidence would this change. It is becoming clearer and clearer that Obama will be a one term president - his poll ratings are moving south rapidly mainly after the first 100 days, as the American citizens better understand what Obama's intents and motives are and he is very quickly losing their faith and trust based on policy and I believe rhetorical style (too much b.s. and use of rhetorical props like the orator "to be perfectly clear" or "let it be understood that. ... " US Joe Citizen does not have PhDs but know b.s. when they hear it.
john q eniac 13 August 2009 - 8:27am
White Americans prove once again that they are the stupidest, most ignorant, most racist and easily duped collection of losers on the face of the earth. America is rapidly settling into its rightful place at the bottom of the civilized world.
Anonymous 12 August 2009 - 3:30pm
It does not matter if it is a black cat or a white cat, the important thing is that he catches mice.
Anonymous 12 August 2009 - 3:30pm
It does not matter if it is a black cat or a white cat, th important thing is that he catches mice.
Lester Ness 8 August 2009 - 1:19pm
Birthers, the USA has a Democrat and a Black American citizen as president. You lost the election! Get used to it!
Anonymous 7 August 2009 - 1:07am
i find it discounting and disturbing that this is even an issue. GET A LIFE!!!
Thomas - USA 4 August 2009 - 5:59pm
jan: 1. The Netherlands' legal system has no bearing on the US Constitution. 2. Since his father was British subject (Kenya) therefore it's also logical to assign British citizenship to him based on your logic. Or dual US-British one. Since he was adopted by stepfather Lolo Soetero of Indonesia, he also could be 1. Indonesian citizen as Barry Soetero, 2. dual American-Indonesian...The point what most of you are unable or unwilling to comprehend nor internalize is that by his ""EXECUTIVE ORDER 13489"" he sealed and denied public access to ALL of his personal record. Question remains as to WHY? This highly suspect decision opened a can of justified speculations without persuasive resolution in sight.
jan 4 August 2009 - 1:14pm
Re: Naturalization...Many citizens of the Netherlands were not born in the Netherlands. One or both of their parents were citizens of the Netherlands when the birth occurred. Therefore, they were citizens of the Netherlands when they were born and were able to regain their citizenship if they lost it. These citizens did not have to undergo a "naturalization" process. They were "natural" because one or more of their parents were citizens. Please get the facts right!
Thomas - USA 2 August 2009 - 5:19am
Anonymous: You ignore many facts that remained murky until this day. His father was Kenyan, that is, at THAT time Kenya was still British, consequently Obama could have been dual, US-British citizen. With his Indonesian stepfather he lived in Indonesia as Indonesian citizen and Muslim as his School record proves. We don't know how Obama's name switched to Sotero and again back to Obama. Very little is known about his early life and anything what we think we might know is quite possible might be false. As former Secretary of defense Rumsfeld said: "“There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things we know we don’t know. But, there are also unknown unknowns. These are things we don’t know we don’t know.” Actually this makes perfect sense.
Anonymous 2 August 2009 - 5:02am
This whole controversy has been started by a minority of individuals who are relying upon loose strings of words which, taken out of context and grossly inflated, would literally disqualify ALL Americans for the Presidency. So, let me put this issue to rest, once and for all. A 'native born' citizen, in The Constitution's definition and context, would have existed PRIOR to the existence of that sacred document. Therefore, 'native born' citizens included individuals of every ethnic background born BEFORE The Constitution was signed. The native born citizen clause is a catchall clause and it was designed to prevent discrimination against those who were loyal to the United States BEFORE there was a Constitution. In the modern parlance it is called being "Grandfathered in." Therefore this clause was written for the exception to the rule while the exception still existed. But despite all the 'birthers' incongruent claims, no person living in the United States currently falls under this exception(You and I may be U.S. Citizens, but we cannot be native born citizens existing in the United States BEFORE The Constitution). Let me repeat that in language that birthers can understand: "All natural-born citizens in the United States who existed before The Consititution existed no longer exist." Therefore arguments about an exception to a rule that pertains to a specific exception that no longer exists are specious. And arguing that those born in the U.S. AFTER The Constitution was signed are 'native citizens' misses the point by at least two centuries.
Anonymous 1 August 2009 - 3:53pm
English Common Law and the system of Stare Decisis is still the basis of modern U.S. law. According to those principles it seems that Obama is a natural-born U.S. citizen. If that would not be the case, at least he would be a U.S. citizen, because his mother U.S. citizen could have transmitted her citizenship to him.
Anonymous 31 July 2009 - 11:34pm
Obama is just a puppet of the vested interests; it does not matter where he was born or where he comes from.
jasmin 31 July 2009 - 7:16pm
Strange, no one noticed this before!!! That apart, is he only a good orator or he delivers his promises too??
Thomas -USA 31 July 2009 - 6:18pm
His real name is BARRY SOETERO. He was adopted by his Indonesian stepfather and you can see on the Internet his Indonesian School certificate #203 written in Indonesian (Bahasa Indonesia). His religion is listed as ISLAM. Query google>Obama Indonesian School record - and you will see many links. Here is one: http://www.daylife.com/photo/01u33pL9Ns06D
Brigitte aus Deutschland 31 July 2009 - 2:00pm
Barack Hussein Obama concealed much ahead of us not only his birthplace. But this question and many other issues should have been resolved before he became president. Now it is rediculous and I ask myself for what reason now the question comes up.
Thomas -USA 31 July 2009 - 3:36am
For all of you fellow posters: Google this query "EXECUTIVE ORDER 13489"-- "Executive Order 13489. Obama bans access to his records the first day in office with this executive order". - What this says, is that only the Attorney General and Council to the President, are able to review records’ requests and determine if they can be made public or not (what they deem appropriate). So this executive order explains the well founded skepticism relating to Hussein Obama.
Marshall 31 July 2009 - 2:37am
You folks are totally clueless about this issue. The question is NOT whether or not Obama is a citizen, it is whether or not he is a "natural born" citizen (i.e. a child with parents that are BOTH US citizens). This is the requirement in Article II of the US Constitution. If Obama's father is actually Barack Obama Sr. (this is not proven yet!) who was not a US citizen, Obama could be a citizen through his mother (and again this has not been proven and depends on the circumstances of his birth) but it unquestionable that he CANNOT be a "natural born" citizen. Therefore, he does not meet one of the three eligibility requirements to be president of the US. On-the-other-hand, it is possible Obama's father was not Barack Obama Sr. but a US citizen. If so, then all is fine and we can put this issue behind us. The fact that Obama is spending a lot of money on lawyers to prevent anyone from seeing his birth certificate is a red flag that something is not right. Finally, will you guys get this right for a change, Obama's people have released a document image to the internet they claim is his birth certificate but is NOT!!!!! The document is a "Certification of Live Birth" which has been issued to foreign born children (like Maya Soetoro, who was born in Jakarta, Indonesia but has a Certification of Live Birth that SAYS see was born in Hawaii. The only reliable document to prove where Obama was born and who his parents are is the similarly named "Certificate of Live Birth" or "long form" birth certificate. This has never been issued and what we need to see. It will only cost Obama $12 to get a copy for us to look at. Why does he refuse? Birthers are not popular in the media, but we don't care. We only want the truth to come out and will stay with this issue until it does. The sooner Obama comes clean, the sooner we can move along to other important issues.
Alan 4 August 2009 - 8:44pm
I'm worried that, by using 'i.e.', you're trying to assert that the phrase 'natural born' is defined as 'both parents are US citizens'. This isn't the case - my understanding is that the Constitution doesn't define the term at all (I know it's 'only' Wikipedia, but http://en.wikipedia.org/wiki/Natural_born_citizen_of_the_United_States advises that it doesn't define 'citizen', let alone 'natural born citizen' - but don't go changing it arbitrarily).
Anonymous 31 July 2009 - 3:20pm
Look at the old English law which was adopted by the Founding Fathers: every and each child of alien parents born in England is a natural-born subject! The Founding Fathers followed this old English law! I explained it in my message. Obama was born in Hawaii and thus in the purview of this law he is a natural-born U.S. citizen and therefore is legitimately a President of the U.S.
Anon 31 July 2009 - 5:29pm
No. They had just fought to free themselves of Old English law. Why would they go through all the trouble only to adopt the same system from which they just freed themselves?
Anonymous 31 July 2009 - 7:27pm
Read the decisions and holdings of the U.S. Supreme Court and you'll find out!
Anonymous 31 July 2009 - 3:20pm
Look at the old English law which was adopted by the Founding Fathers: every and each child of alien parents born in England is a natural-born subject! The Founding Fathers followed this old English law! I explained it in my message. Obama was born in Hawaii and thus in the purview of this law he is a natural-born U.S. citizen and therefore is legitimately a President of the U.S.

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